An advocacy group, Friends of the Irish Environment (FIE), filed suit in the High Court, arguing that the Irish government’s approval of the National Mitigation Plan in 2017 violated Ireland’s Climate Action and Low Carbon Development Act 2015 ("the Act"), the Constitution of Ireland, and obligations under the European Convention on Human Rights, particularly the right to life and the right to private and family life. FIE alleged that the National Mitigation Plan ("the Plan"), which seeks to transition to a low-carbon economy by 2050, is inconsistent with the Act and Ireland's human rights commitments because it is not designed to achieve substantial short-term emissions reductions. The case was argued before the High Court on January 22, 2019. FIE asked the High Court to quash the government's decision to approve the Plan and, if appropriate, order that a new plan be written.  

On September 19, 2019, the Court ruled for the government.  The Court rejected FEI's claim that the Plan was invalid for failing to achieve substantial short-term emissions reductions, concluding that the Act does not require particular intermediate targets.  The Court recognized that "there is now limited room, or . . . carbon budget, for greenhouse gas emissions" given the "safe temperature rise target" of 1.5 degrees Celsius.  The Court reasoned, however, that the government appropriately exercised policy making discretion afforded by the Act, explaining that the current Plan is only an initial step in achieving targets for transitioning to a low-carbon, climate resilient, and environmentally sustainable economy by 2050, and will be subject to review and revision.  The Court concluded that FEI had standing to bring rights-based claims, but rejected the argument that the government had violated Ireland's Constitution and commitments under the European Convention on Human Rights because the Plan is "but one, albeit extremely important, piece of the jigsaw." 

On November 22, 2019, FEI appealed the ruling to the Court of Appeal. FEI also submitted an application to leapfrog the traditional appeal route and go directly to the Supreme Court.  On February 13, 2020 the Supreme Court agreed to hear the case, determining that exceptional circumstances warranted direct appeal.  The Court explained that, "[t]he applicant and the respondents accept that there exists a degree of urgency in respect of the adoption of remedial environmental measures.  There is no dispute between the parties as to the science underpinning the Plan and the likely increase in greenhouse emissions over the lifetime of the Plan."

On July 31, 2020, the Supreme Court reversed the lower court and issued a ruling quashing the National Mitigation Plan (2017) under the Climate Action and Low Carbon Development Act 2015. The Court determined that the Plan fell short of the sort of specificity that the Act required because a reasonable reader of the Plan would not understand how Ireland would achieve its 2050 goals. The Court explained that "a compliant plan must be sufficiently specific as to policy over the whole period to 2050." The Court emphasized transparency and public participation as statutory goals, noting the public must be able to assess and critique the government’s plan effectively. The Court rejected the Government’s argument that the Plan was a purely political or policy document and therefore non-justiciable. Since the Plan was adopted under legislation, the Court held it was subject to judicial review to ensure compliance with statutory obligations. The Court applied a standard based on statutory compliance, emphasizing that while policy choices fall within government discretion, they must still comply with legal obligations. It reaffirmed the importance of specificity and coherence in plans adopted under statute.

The Court found that Friends of the Irish Environment had standing to challenge the Plan, given the importance of the environmental rights at stake and FIE’s role as an environmental watchdog.

The Court also concluded that FIE had not made a compelling enough case for identifying an unenumerated right to a healthy environment, separate from the rights expressly conferred by the Irish Constitution, "[w]hile not ruling out the possibility that constitutional rights and obligations may well be engaged in the environmental field in an appropriate case." The Court declined to rule on the constitutional or ECHR rights arguments (right to life, bodily integrity, etc.). Since the Plan was already found ultra vires, there was no need to resolve the broader constitutional or human rights questions in this case.

Friends of the Irish Environment v. Ireland

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Friends of the Irish Environment v. Ireland - judgment

Filed

Ireland

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A loan is a policy instrument where funds are provided to a borrower with the expectation of repaying the principal plus interest.

A subsidy is a direct or indirect payment to individuals or businesses, typically provided as a government cash payment or a specific tax reduction.

Direct investments by the governments using public funds. This can be to support climate initiatives or integrate climate into other projects.

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

Codes and standards are regulatory instruments that specify minimum standards to protect health and safety. This ranges from performance standards, which prescribe outcomes while allowing flexibility to achieve compliance, to the more prescriptive approach of technology-specific standards.

Financial actors and resources that are primarily directed towards climate change mitigation, adaptation and compensation.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

Actions or measures to adapt terrestrial systems to climate change.

Coastal zone and marine-related actions and measures to adapt and increase resilience to climate change

Actions and measures to adapt and increase resilience of societies and the economy to climate change.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Hot temperature extremes are daily maximum temperatures  that were exceeded on average once in a decade or once in 50 years, and includes heatwaves.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Energy derived from biological compounds that are renewable due to their short life cycle within the carbon dioxide cycle.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

woman and genders outside of the gender binary

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

The activities of industries that transforms raw materials into finished goods through industrial processes.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Activities that relate to the production of goods and services from forests.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Heavy precipitation refers to any form of weather where substances fall from the sky, including rain, snow, sleet, or hail.

Friends of the Irish Environment v. Ireland - judgment

Target

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance